KANURI SEETHA LAKSHMI Vs. POTHUKUCHI VIDYAPATI SASTRY

JUDGEMENT

(1.) This appeal is filed by the unsuccessful plaintiff challenging the decree and judgment dated 27.8.1994 in A.S.No.5 of 1992 on the file of Court of III Additional District Judge, Guntur, confirming the decree and judgment dated 16.12.1991 in O.S.No.105 of 1985 on the file of the Court of Subordinate Judge, Tenali, dismissing the suit filed for declaration and recovery of possession.

(2.) For the sake of convenience, the parties hereinafter will be referred to as they were arrayed in the suit.

(3.) The plaintiff is the third daughter of late Janaswami Hanumantharao and Subhadramma of Kolluru Village. The defendant is the sister's son of the plaintiff. Hanumantharao executed a registered Will dated 25.8.1973 bequeathing the suit schedule property and some other properties in favour of his wife, by name, Subhadramma, with absolute rights. Subhadramma died on 30.10.1985. The case of the plaintiff is that she used to look after her mother-Subhadramma during her life time and out of love and affection her mother bequeathed the suit schedule property in her favour of the plaintiff by way of registered Will dated 28.10.1985. It is the further case of the plaintiff that the defendant, aggrieved by the execution of the Will dated 28.10.1985 in favour of the plaintiff, has been creating troubles for enjoyment of the suit schedule property by the plaintiff. Hence the plaintiff filed the suit to declare her as absolute owner of the suit schedule property, basing on the Will dated 28.10.1985, and consequential relief of recovery of possession.